GENERAL ASSEMBLY OF NORTH CAROLINA

SECOND EXTRA SESSION 2016

H D

HOUSE BILL DRH40005-TC-1B (03/22)

Short Title: Public Facilities Privacy & Security Act. (Public)

Sponsors: Representatives Bishop, Stam, Howard, and Steinburg (Primary Sponsors).

Referred to:

*DRH40005-TC-1B*

A BILL TO BE ENTITLED 1

AN ACT TO PROVIDE FOR SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND 2

CHANGING FACILITIES IN SCHOOLS AND PUBLIC AGENCIES AND TO CREATE 3

STATEWIDE CONSISTENCY IN REGULATION OF EMPLOYMENT AND PUBLIC 4

ACCOMMODATIONS. 5

Whereas, the North Carolina Constitution directs the General Assembly to provide for 6

the organization and government of all cities and counties and to give cities and counties such 7

powers and duties as the General Assembly deems advisable in Section 1 of Article VII of the 8

North Carolina Constitution; and 9

Whereas, the North Carolina Constitution reflects the importance of statewide laws 10

related to commerce by prohibiting the General Assembly from enacting local acts regulating 11

labor, trade, mining, or manufacturing in Section 24 of Article II of the North Carolina 12

Constitution; and 13

Whereas, the General Assembly finds that laws and obligations consistent statewide for 14

all businesses, organizations, and employers doing business in the State will improve intrastate 15

commerce; and 16

Whereas, the General Assembly finds that laws and obligations consistent statewide for 17

all businesses, organizations, and employers doing business in the State benefit the businesses, 18

organizations, and employers seeking to do business in the State and attracts new businesses, 19

organizations, and employers to the State; Now, therefore, 20

The General Assembly of North Carolina enacts: 21

22

PART I. SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND CHANGING 23

FACILITIES 24 SECTION 1.1. G.S. 115C-47 is amended by adding a new subdivision to read: 25

"(63) To Establish Single-Sex Multiple Occupancy Bathroom and Changing 26

Facilities. – Local boards of education shall establish single-sex multiple 27

occupancy bathroom and changing facilities as provided in G.S. 115C-521.2." 28

SECTION 1.2. Article 37 of Chapter 115C of the General Statutes is amended by 29

adding a new section to read: 30

"§ 115C-521.2. Single-sex multiple occupancy bathroom and changing facilities. 31

(a) Definitions. – The following definitions apply in this section: 32

(1) Biological sex. – The physical condition of being male or female, which is 33

stated on a person's birth certificate. 34

(2) Multiple occupancy bathroom or changing facility. – A facility designed or 35

designated to be used by more than one person at a time where students may be 36

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HOUSE PRINCIPAL CLERK

General Assembly Of North Carolina Second Extra Session 2016

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in various states of undress in the presence of other persons. A multiple 1

occupancy bathroom or changing facility may include, but is not limited to, a 2

school restroom, locker room, changing room, or shower room. 3

(3) Single occupancy bathroom or changing facility. – A facility designed or 4

designated to be used by only one person at a time where students may be in 5

various states of undress. A single occupancy bathroom or changing facility 6

may include, but is not limited to, a single stall restroom designated as unisex 7

or for use based on biological sex. 8

(b) Single-Sex Multiple Occupancy Bathroom and Changing Facilities. – Local boards of 9

education shall require every multiple occupancy bathroom or changing facility that is designated 10

for student use to be designated for and used only by students based on their biological sex. 11

(c) Accommodations Permitted. – Nothing in this section shall prohibit local boards of 12

education from providing accommodations such as single occupancy bathroom or changing 13

facilities or controlled use of faculty facilities upon a request due to special circumstances, but in 14

no event shall that accommodation result in the local boards of education allowing a student to use 15

a multiple occupancy bathroom or changing facility designated under subsection (b) of this section 16

for a sex other than the student's biological sex. 17

(d) Exceptions. – This section does not apply to persons entering a multiple occupancy 18

bathroom or changing facility designated for use by the opposite sex: 19

(1) For custodial purposes. 20

(2) For maintenance or inspection purposes. 21

(3) To render medical assistance. 22

(4) To accompany a student needing assistance when the assisting individual is an 23

employee or authorized volunteer of the local board of education or the 24

student's parent or authorized caregiver. 25

(5) To receive assistance in using the facility. 26

(6) To accompany a person other than a student needing assistance. 27

(7) That has been temporarily designated for use by that person's biological sex." 28

SECTION 1.3. Chapter 143 of the General Statutes is amended by adding a new 29

Article to read: 30

"Article 81. 31

"Single-Sex Multiple Occupancy Bathroom and Changing Facilities. 32

"§ 143-760. Single-sex multiple occupancy bathroom and changing facilities. 33

(a) Definitions. – The following definitions apply in this section: 34

(1) Biological sex. – The physical condition of being male or female, which is 35

stated on a person's birth certificate. 36

(2) Executive branch agency. – Agencies, boards, offices, departments, and 37

institutions of the executive branch, including The University of North Carolina 38

and the North Carolina Community College System. 39

(3) Multiple occupancy bathroom or changing facility. – A facility designed or 40

designated to be used by more than one person at a time where persons may be 41

in various states of undress in the presence of other persons. A multiple 42

occupancy bathroom or changing facility may include, but is not limited to, a 43

restroom, locker room, changing room, or shower room. 44

(4) Public agency. – Includes any of the following: 45

a. Executive branch agencies. 46

b. All agencies, boards, offices, and departments under the direction and 47

control of a member of the Council of State. 48

c. "Unit" as defined in G.S. 159-7(b)(15). 49

d. "Public authority" as defined in G.S. 159-7(b)(10). 50

e. A local board of education. 51

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f. The judicial branch. 1

g. The legislative branch. 2

h. Any other political subdivision of the State. 3

(5) Single occupancy bathroom or changing facility. – A facility designed or 4

designated to be used by only one person at a time where persons may be in 5

various states of undress. A single occupancy bathroom or changing facility 6

may include, but is not limited to, a single stall restroom designated as unisex 7

or for use based on biological sex. 8

(b) Single-Sex Multiple Occupancy Bathroom and Changing Facilities. – Public agencies 9

shall require every multiple occupancy bathroom or changing facility to be designated for and only 10

used by persons based on their biological sex. 11

(c) Accommodations Permitted. – Nothing in this section shall prohibit public agencies 12

from providing accommodations such as single occupancy bathroom or changing facilities upon a 13

person's request due to special circumstances, but in no event shall that accommodation result in 14

the public agency allowing a person to use a multiple occupancy bathroom or changing facility 15

designated under subsection (b) of this section for a sex other than the person's biological sex. 16

(d) Exceptions. – This section does not apply to persons entering a multiple occupancy 17

bathroom or changing facility designated for use by the opposite sex: 18

(1) For custodial purposes. 19

(2) For maintenance or inspection purposes. 20

(3) To render medical assistance. 21

(4) To accompany a person needing assistance. 22

(5) That has been temporarily designated for use by that person's biological sex." 23

24

PART II. STATEWIDE CONSISTENCY IN LAWS RELATED TO EMPLOYMENT AND 25

CONTRACTING 26 SECTION 2.1. G.S. 95-25.1 reads as rewritten: 27

"§ 95-25.1. Short title and legislative purpose.purpose; local governments preempted. 28

(a) This Article shall be known and may be cited as the "Wage and Hour Act." 29

(b) The public policy of this State is declared as follows: The wage levels of employees, 30

hours of labor, payment of earned wages, and the well-being of minors are subjects of concern 31

requiring legislation to promote the general welfare of the people of the State without jeopardizing 32

the competitive position of North Carolina business and industry. The General Assembly declares 33

that the general welfare of the State requires the enactment of this law under the police power of 34

the State. 35

(c) The provisions of this Article supersede and preempt any ordinance, regulation, 36

resolution, or policy adopted or imposed by a unit of local government or other political 37

subdivision of the State that regulates or imposes any requirement upon an employer pertaining to 38

compensation of employees, such as the wage levels of employees, hours of labor, payment of 39

earned wages, benefits, leave, or well-being of minors in the workforce. This subsection shall not 40

apply to any of the following: 41

(1) A local government regulating, compensating, or controlling its own 42

employees. 43

(2) Economic development incentives awarded under Part 2H of Article 10 of 44

Chapter 143B of the General Statutes. 45

(3) Economic development incentives awarded under Article 1 of Chapter 158 of 46

the General Statutes. 47

(4) A requirement of federal community development block grants. 48

(5) Programs established under G.S. 153A-376 or G.S. 160A-456." 49

SECTION 2.2. G.S. 153A-449(a) reads as rewritten: 50

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"(a) Authority. – A county may contract with and appropriate money to any person, 1

association, or corporation, in order to carry out any public purpose that the county is authorized 2

by law to engage in. A county may not require a private contractor under this section to abide by 3

any restriction that the county could not impose on all employers in the county, such as paying 4

minimum wage or providing paid sick leave to its employees, regulations or controls on the 5

contractor's employment practices or mandate or prohibit the provision of goods, services, or 6

accommodations to any member of the public as a condition of bidding on a contract.contract or a 7

qualification-based selection, except as otherwise required by State law." 8

SECTION 2.3. G.S. 160A-20.1(a) reads as rewritten: 9

"(a) Authority. – A city may contract with and appropriate money to any person, 10

association, or corporation, in order to carry out any public purpose that the city is authorized by 11

law to engage in. A city may not require a private contractor under this section to abide by any 12

restriction that the city could not impose on all employers in the city, such as paying minimum 13

wage or providing paid sick leave to its employees, regulations or controls on the contractor's 14

employment practices or mandate or prohibit the provision of goods, services, or accommodations 15

to any member of the public as a condition of bidding on a contract.contract or a 16

qualification-based selection, except as otherwise required by State law." 17

18

PART III. PROTECTION OF RIGHTS IN EMPLOYMENT AND PUBLIC 19

ACCOMMODATIONS 20 SECTION 3.1. G.S. 143-422.2 reads as rewritten: 21

"§ 143-422.2. Legislative declaration. 22

(a) It is the public policy of this State to protect and safeguard the right and opportunity of 23

all persons to seek, obtain and hold employment without discrimination or abridgement on 24

account of race, religion, color, national origin, age, biological sex or handicap by employers 25

which regularly employ 15 or more employees. 26

(b) It is recognized that the practice of denying employment opportunity and 27

discriminating in the terms of employment foments domestic strife and unrest, deprives the State 28

of the fullest utilization of its capacities for advancement and development, and substantially and 29

adversely affects the interests of employees, employers, and the public in general. 30

(c) The General Assembly declares that the regulation of discriminatory practices in 31

employment is properly an issue of general, statewide concern, such that this Article and other 32

applicable provisions of the General Statutes supersede and preempt any ordinance, regulation, 33

resolution, or policy adopted or imposed by a unit of local government or other political 34

subdivision of the State that regulates or imposes any requirement upon an employer pertaining to 35

the regulation of discriminatory practices in employment, except such regulations applicable to 36

personnel employed by that body that are not otherwise in conflict with State law." 37

SECTION 3.2. G.S. 143-422.3 reads as rewritten: 38

"§ 143-422.3. Investigations; conciliations. 39

The Human Relations Commission in the Department of Administration shall have the 40

authority to receive charges of discrimination from the Equal Employment Opportunity 41

Commission pursuant to an agreement under Section 709(b) of Public Law 88-352, as amended by 42

Public Law 92-261, and investigate and conciliate charges of discrimination. Throughout this 43

process, the agency shall use its good offices to effect an amicable resolution of the charges of 44

discrimination. This Article does not create, and shall not be construed to create or support, a 45

statutory or common law private right of action, and no person may bring any civil action based 46

upon the public policy expressed herein." 47

SECTION 3.3. Chapter 143 of the General Statutes is amended by adding a new 48

Article to read: 49

"Article 49B. 50

"Equal Access to Public Accommodations. 51

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"§ 143-422.10. Short title. 1

This Article shall be known and may be cited as the Equal Access to Public Accommodations 2

Act. 3

"§ 143-422.11. Legislative declaration. 4

(a) It is the public policy of this State to protect and safeguard the right and opportunity of 5

all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, 6

advantages, and accommodations of places of public accommodation free of discrimination 7

because of race, religion, color, national origin, or biological sex, provided that designating 8

multiple or single occupancy bathrooms or changing facilities according to biological sex, as 9

defined in G.S. 143-760(a)(1), (3), and (5), shall not be deemed to constitute discrimination. 10

(b) The General Assembly declares that the regulation of discriminatory practices in places 11

of public accommodation is properly an issue of general, statewide concern, such that this Article 12

and other applicable provisions of the General Statutes supersede and preempt any ordinance, 13

regulation, resolution, or policy adopted or imposed by a unit of local government or other 14

political subdivision of the State that regulates or imposes any requirement pertaining to the 15

regulation of discriminatory practices in places of public accommodation. 16

"§ 143-422.12. Places of public accommodation – defined. 17

For purposes of this Article, places of public accommodation has the same meaning as defined 18

in G.S. 168A-3(8), but shall exclude any private club or other establishment not, in fact, open to 19

the public. 20

"§ 143-422.13. Investigations; conciliations. 21

The Human Relations Commission in the Department of Administration shall have the 22

authority to receive, investigate, and conciliate complaints of discrimination in public 23

accommodations. Throughout this process, the Human Relations Commission shall use its good 24

offices to effect an amicable resolution of the complaints of discrimination. This Article does not 25

create, and shall not be construed to create or support, a statutory or common law private right of 26

action, and no person may bring any civil action based upon the public policy expressed herein." 27

28

PART IV. SEVERABILITY 29 SECTION 4. If any provision of this act or its application is held invalid, the 30

invalidity does not affect other provisions or applications of this act that can be given effect 31

without the invalid provisions or application, and to this end the provisions of this act are 32

severable. If any provision of this act is temporarily or permanently restrained or enjoined by 33

judicial order, this act shall be enforced as though such restrained or enjoined provisions had not 34

been adopted, provided that whenever such temporary or permanent restraining order or injunction 35

is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and 36

effect. 37

38

PART V. EFFECTIVE DATE 39 SECTION 5. This act is effective when it becomes law and applies to any action 40

taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended 41

on or after that date, and to any contract entered into on or after that date. The provisions of 42

Sections 2.1, 2.2, 2.3, 3.1, 3.2, and 3.3 of this act supersede and preempt any ordinance, resolution, 43

regulation, or policy adopted prior to the effective date of this act that purports to regulate a 44

subject matter preempted by this act or that violates or is not consistent with this act, and such 45

ordinances, resolutions, regulations, or policies shall be null and void as of the effective date of 46

this act. 47